HomeMy WebLinkAboutContracts & Agreements_191-2002AGREEMENT TO FURNISH FINAL DESIGN, BID, AND PRECONSTRUCTION
ENGINEERING SERVICES FOR THE ORANGE STREET WELLFIELD
This Agreement is made and entered into this 19th day of November 2002 by and between the
City of Redlands, a municipal corporation (hereinafter "City") and Black & Veatch Corporation,
(hereinafter "Consultant").
In consideration of the mutual promises, covenants and conditions hereinafter set forth, City and
Consultant hereby agree as follows:
1.1 City hereby engages Consultant, and Consultant hereby accepts the engagement, to
perform services ("Services") for final design, bid, and preconstruction engineering
services associated with the Orange Street Wellfield Project (Project).
1.2 The Services shall be performed by Consultant in a professional manner, and Consultant
represents that it has the skill and the professional expertise necessary to provide high
quality Services for the Project at the level of competency presently maintained by other
practicing professional Consultants in the industry providing similar types of services.
ARTICLE 2 - SERVICES OF CONSULTANT
2.1 The specific Services which Consultant shall perform are more particularly described in
Attachment 'A" entitled "Scope of Services," which is attached hereto and incorporated
herein by this reference.
ARTICLE 3 - RESPONSIBILITIES OF CITY
3.1 City shall make available to Consultant information in its possession that is pertinent to
the performance of Consultant's Services.
3.2 City will provide access to and make provisions for Consultant to enter upon City -owned
property or rights -of -way as required by Consultant to perform the Services.
3.3 City designates Lonny Young as Project Manager, to act as its representative with respect
to the Services to be performed under this Agreement.
AGREEMENT FOR DESIGN SERVICES FOR THE ORANGE ST. WELLFIELD PIPELINE
November 19, 200*21
Page 2
ARTICLE 4 - PERIOD OF SERVICE
4.1 Consultant shall perform the Services in a diligent manner and in accordance with the
schedule set forth in Attachment "B", entitled "Project Schedule".
MaIMMUNOMANNUAM
5.1 The total compensation for Consultant's performance of Services shall not exceed the
amount of $121,500. City shall pay Consultant on a time and materials basis up to the
not to exceed amount, in accordance with Attachment "C", entitled "Project Fee", based
on the hourly rates shown in Attachment "D", entitled "Rate Schedule".
5.2 Consultant shall bill City within ten days following the close of each month by
submitting an invoice indicating the Services performed, who performed the services,
indirect costs, and the detailed cost of all Services, includingt, back-up documentation.
Payments by City to Consultant shall be made within 30 days after receipt and approval
of Consultant's invoice, by warrant payable to Consultant.
5.3 All contractual notices, bills and payments shall be made in writing and may be given by
personal delivery or by mail. Notices, bills and payments sent by mail shall be addressed
as follows:
City
Lonny Young
Municipal Utilities Department
35 Cajon Street, Suite 15A
P. 0. Box 3005
Redlands CA 92373
Consultant
Black & Veatch Corporation
6 Venture, Suite 315
Irvine, CA 92618-3317
When so addressed, such notices shall be deemed given upon deposit in the United States
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Mail. In all other instances, notices, bill and payments shall be deemed given at the time
of actual delivery. Changes may be made in the names and addresses of the person to
whom notices, bills, and payments are to be given by giving notice pursuant to this
paragraph.
AGREEMENT FOR DESIGN SERVICES FOR THE ORANGE T. WELLFIELD PIPELINE
November 19,2002
Page 3
6.1 Consultant's Insurance to be Primary.
All insurance required by this Agreement is to be maintained by Consultant for the
duration of this Project and shall be primary with respect to City and non-contributing to
any insurance or self-insurance maintained by the City. Consultant shall not perform any
Services pursuant to this Agreement unless and until all required insurance listed below is
obtained by Consultant. Consultant shall provide City with Certificates of Insurance and
endorsements evidencing such insurance prior to commencement of work. All insurance
policies shall include a provision prohibiting cancellation of the policy except upon thirty
(30) days prior written notice to City.
6.2 Worker's Compensation and Employer's Liability
A. Consultant shall secure and maintain Workers' Compensation and Employer's
Liability insurance throughout the duration of this Agreement in amounts which
meet statutory requirements with an insurance carrier acceptable to City.
B. Consultant expressly waives all rights to subrogation against City, its officers,
employees and volunteers for losses arising from work performed by Consultant
for City by expressly waiving Consultant's immunity for injuries to Consultant's
employees and agrees that the obligation to indemnify, defend and hold harmless
provided for in this Agreement extends to any claim brought by or on behalf of
any employee of Consultant. This waiver is mutually negotiated by the parties.
This shall not apply to any damage resulting from the sole negligence of City, its
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agents and employees. To the extent any of the damages referenced herein were
caused by or resulted from the concurrent negligence of City, its agents or
employees, the obligations provided herein to indemnify, defend and hold
harmless is valid and enforceable only to the extent of the negligence of
Consultant, its officers, agents and employees.
63 Comprehensive General Liability Insurance. Consultant shall secure and maintain in
force throughout the duration of this Agreement comprehensive general liability
insurance with carriers acceptable to City. Minimum coverage of one million dollars
($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate for public
liability, property damage and personal injury is required. Consultant shall obtain an
endorsement that City shall be named as an additional insured.
AGREEMENT FOR DESIGN SERVICES FOR THE ORANGE ST. WELLFIELD PIPELINE
November 19, 2002
Page A -
6.4 Business Auto Liability Insurance. Consultant shall have business auto liability
coverage, with minimum limits of I million ($1,000,000) per occurrence, combined
single limit for bodily injury liability and property damage liability. This coverage shall
include all consultant owned vehicles used on the project, hired and non -owned vehicles,
and employee non -ownership vehicles. Consultant shall obtain an endorsement that City
shall be named as an additional insured.
6.5 Professional Liability Insurance. Consultant shall secure and maintain professional
liability insurance throughout the duration of this Agreement in the amount of one
million dollars ($1,000,000) per claim made.
6.6 Hold Harmless and Indemnification. Contractor shall defend, indemnify and hold
harmless City, its elected officials, officers, employees and agents, from and against any
and all actions, claims, demands, lawsuits, losses and liability for damages to persons or
property, including costs and attorney fees, that may be asserted or claimed by any
person, firm, entity, corporation, political subdivision or other organization arising out of
or in connection with Contractor's negligent and/or intentionally wrongful acts or
omissions under this Agreement; but excluding such actions, claims, demands, lawsuits
and liability for damages to persons or property arising from the sole negligence or
intentionally wrongful acts of City, its officers, employees or agents.
6.7 Assignment and Insurance Requirements. Consultant is expressly prohibited from
subletting or assigning any of the services covered by this Agreement without the express
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written consent of City. In the event of mutual agreement between parties to sublet a
portion of the Services, the Consultant will add the subcontractor as an additional insured
and provide City with the insurance endorsements prior to any work being performed by
the subcontractor. Assignment does not include printing or other customary reimbursable
expenses that may be provided in this Agreement.
7.1 In the event any action is commenced to enforce or interpret any of the terms or
conditions of this Agreement the prevailing party shall, in addition to any costs and other
relief, be entitled to the recovery of its reasonable attorneys' fees.
AGREEMENT FOR DESIGN SERVICES FOR THE ORANGE ST. WELLFIELD PIPELINE
November 19, 2002
Page 5
7.2 Consultant shall not assign any of the Services required by this Agreement, except with
the prior written approval of City and in strict compliance with the terms, provisions and
conditions of this Agreement.
7.3 Consultant's key personnel for the Project are:
Project Manager: Steve Foellmi
Consultant agrees that the key personnel shall be made available and assigned to the
Project, and that they shall not be replaced without concurrence from City.
7.4 All documents, records, drawings, designs, costs estimates, electronic data files and
databases and other Project documents developed by the Consultant pursuant to this
Agreement shall become the property of City and shall be delivered to City upon
completion of the Services or upon the request of City. Any reuse of such documents for
other projects and any use of incomplete documents will be at City's sole risk.
7.5 Consultant is for all purposes an independent contractor. All personnel employed by
Consultant are for its account only, and in no event shall Consultant or any personnel
retained by it be deemed to have been employed by City or engaged by City for the
account of or on behalf of City.
7.6 Unless earlier terminated, as provided for below, this Agreement shall terminate upon
completion and acceptance by City of the Services.
7.7 This Agreement may be terminated by the City, without cause, by providing ten (10) days
prior written notice to the Consultant (delivered by certified mail, return receipt
requested) of intent to terminate.
7.8 Upon receipt of a termination notice, Consultant shall (1) promptly discontinue all
services affected, and (2) deliver or otherwise make available to City, copies (in both
hard copy and electronic form, where applicable), of any data, design calculations,
drawings, specifications, reports, estimates, summaries and such other information and
materials as may have been accumulated by Consultant in performing the Services
required by this Agreement.
AGREEMENT FOR DESIGN SERVICES FOR THE ORANGE ST. WELLFIELD PIPELINE
November 19, 2002
Page
7.9 This Agreement, including the attachments incorporated herein by reference, represents
the entire agreement and understanding between the parties and any prior negotiations,
proposals or oral agreements are superseded by this Agreement. Any amendment to this
Agreement shall be in writing, approved by the City Council of City and signed by City
and Consultant.
This Agreement shall be governed by and construed in accordance with the laws of the State of
California.
IN WITNESS WHEREOF, duly authorized representatives of the City and Consultant have
signed in confirmation of this Agreement.
City of Redlands
("City")
Black & Veatch Corporation
("Consultant")
By: By:
KARL N. (KASEY) HAWS STEVEN N. FOELLMI
Mayor Title: Vice President
Lk,qlrie Poyze( 1'/
City Clerk, vity of Redlands
Task A. Preliminary and General Work
1. Conduct a project initiation meeting to clarify Owner's requirements for the Project,
review pertinent available data, review project staffing and organization, present initial
work plan, and present initial work schedule.
2. Participate in informal meetings with the Owner to review progress and exchange ideas
and information. At a minimum, one meeting per month for the duration of the project
is anticipated.
3. Prepare monthly status reports which include a narrative of work done on each task,
the estimated completion of tasks, discussion of project issues, and a summary of work
status compared to the schedule and budget.
4. Prepare a project procedures manual for use by Owner and Engineer. The manual will
cover project description, project participants, lines of communication, and writing and
drafting standards to be used.
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5. Prepare and distribute meeting minutes for project meetings.
Task B. Design Memorandum
1. Prepare a detailed Design Memorandum and preliminary drawings as required to
establish agreement on scope, parameters, performance requirements, and project
approach. The Design Memorandum will form the basis for the preparation of the
contract documents. Five copies of the draft Design Memorandum will be submitted
for City review. Upon receipt of review comments, the Design Memorandum will be
revised and five copies will be resubmitted to the City. The Design Memorandum, at a
minimum, shall include the following.
a. Design criteria for required facilities, including:
• Type, capacity, speed ranges, drive types, horsepower, and type of control for
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all pumping units.
• Type of disinfection equipment to be provided and points of application
• Provisions for air and vacuum relief
• Provisions for surge relief
b. Applicable codes and standards, including fire and safety codes.
c. Local building, planning, and zoning department requirements.
d. Site considerations, including subsurface conditions, flood elevations, drainage
requirements, etc.
e. Preliminary site plan.
f. Preliminary hydraulic profile of facilities.
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g. Process and hydraulic systems.
h. Chemical feed and storage.
i. Operational monitoring and control systems.
j. Electrical systems.
k. Miscellaneous support systems.
Task C. Site Investigations
Provide, through a subcontract, the necessary field design surveys for the preparation
of construction drawings and specifications. Surveys will identify site topography,
contours, and insofar as possible, utility locations.
2. If desired by the City, as an optional task, we will provide, through a subcontract,
geotechnical engineering services including exploratory work, laboratory and field
testing, and professional guidance in tests to be made at test locations based on
preliminary drawings and designs, and including professional interpretations of
exploratory and test data. Budget for these services is not included in the fee proposal,
but can be provided upon request.
The services will include:
a. Initial geotechnical exploratory work, such as soil borings, penetration tests,
soundings, subsurface explorations, laboratory tests of soils, rock formations, and
other geophysical phenomena which are required to provide information for
design, and other field and laboratory tests and analyses which are required to
provide design information.
b. An initial geotechnical report by a qualified geologist or geotechnical firm
interpreting the data on the exploratory work and testing and setting out the site
conditions that can be anticipated from this initial exploratory work.
Task A Construction Contract Documents
I Prepare detailed drawings and specifications and other contract documents for the
proposed construction work and for the materials and equipment required.
The documents shall be prepared for selection of private construction contractors on a
competitive bid basis.
2. Prepare one contract for performance of all construction work, including equipment
procurement.
3. Prepare an opinion of probable construction cost for the proposed work covered by the
contract documents.
4. Review contract documents for completeness, biddability, and constructability.
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5. Provide three sets of drawings and specifications to City for review at 90 percent
project completion and after the contract documents are completed to the point where
the final formal review processes by City and other agencies can begin.
6. Following City's review of the completed contract documents, meet with City to obtain
City's comments and to resolve any questions.
7. After the conference with City, make any necessary modifications and submit two sets
of revised contract documents to City for record.
8. Attend one meeting to discuss the documents with DHS officials to ensure that the
design is in accordance with DHS standards.
9. After receipt of agency review comments and City's comments on final documents,
revise, if necessary, and resubmit, if necessary, two sets to City.
10. Upon completion of the review of the contract documents, review the opinion of
probable construction cost, and revise as required.
11. Prepare Bidding Requirements, Bid Forms, Contract Forms, and Conditions of
Contract for the contract documents, and preliminary Invitation to Bid form.
Task E. Preaward Services
I through 7. Not used.
8. Conduct, at a date and time selected and a place provided by City, a pre -bid conference
to:
a. Instruct prospective bidders and suppliers as to the types of information required
by the contract documents and the format in which bids should be presented.
b. Review special project requirements and contract documents in general.
c. Receive requests for interpretations which will be issued by addendum.
d. Prepare minutes of the conference and issue by addendum.
9. Interpret construction contract documents. Prepare and issue addenda to the
construction contract documents when required.
10. Assist City during bid opening. Answer questions during bid opening. Make
preliminary tabulation of bids, and review questionnaires and bids for completeness.
A-31
11. Examine the questionnaire during bid opening to identify any supplier whose
equipment or materials may not conform to the construction contract documents. This
examination will be based on the knowledge and experience of Engineer.
121 Review and evaluate the qualifications of the apparent successful bidder and the
proposed major or specialty subcontractors. The review and evaluation will include
such factors as work completed, equipment that is available for the work, financial
resources, technical experience, and responses from references.
13 and 14. Not used.
Drawing List
Our fee is based upon preparation of the following drawings.
Drawing
Number
Drawing Title
-General
I
G-1
Cover Sheet, Sheet List, Location Map
2
G-2
Abbreviations and Symbol Le end
—
-Civil/Process
3
C-1
Site Plan — Well No. 1 and No. 2
4
C-2
Wellhead Facilities — Well No. 1 and No. 2 — Plan, Sections, and
Details
5
C-3
Chemical Feed Facilities — Well No. 1 and No. 2
6
C-4
Miscellaneous Details
7
C-5
Standard Concrete Details and Miscellaneous Sitework Details
Electrical
8
E-1
Abbreviations and Symbols List
9
E-2
Electrical Site and Lighting Plan — Well No. I
E-3
Electrical Site and Lighting Plan — Well No. 2
11
E-4
E Single Line Diafframs —Well No. 1 and Well No. 2
12
E-5
Control Diagrams
13
E-6
Miscellaneous Electrical Details
14
15
16
17
—
18
19
1-1
1-2
1-3
1-4
__—J,
1-5
1-6 1
Instrumentation and Control
Abbreviations and Symbol List
MID — Well No. I and Well No. 2
Control System Block Diagram
1
Panel Details — RTUs for Well No. I and No. 2
_i:s=rU�ient Installation Details
'Miscellaneous ous Instrumentation Details
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Notice to Proceed
Submit Design Memorandum
November 19, 2002
January 10, 2003
Submit 100 Percent Construction Contract Documents May 2, 2003
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The level of engineering effort and cost associated with each of the proposed tasks is
summarized in Table 1.
Table 1
Summary of Engineering Effort and Cos)
Task Number and Description
Hours
Labor
Direct Total 1
Expenses Cost
ATPreliminary
and General Work
140
$14,500
$500 $15,000
B
Design Memorandum
220
$22,000
$1,000 $23,000
C
Site Investigations
15
$1,200
$4,800 $6,000
D
Construction Contract Documents
650
$64,000
$6,000 $70,000
E
Pre -award Services
60
$7,000
$500 $7,500
Total =
1,085
$108,700
$12,800 $121,500